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HomeMy WebLinkAbout2024-09-17 Ordinance Item Number: 10.b. CITY OF IOWA CITY COUNCIL ACTION REPORT September 17, 2024 Ordinance amending Title 16, entitled "Public Works," Chapters 1, entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," Section 7, entitled "Permission Required, Public Right of Way" to establish a permit for short term use of the right of way. (Second Consideration) Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Ordinance Executive Summary: The City Code allows the City to enter into agreements for the use of the public right of way, and by Council resolution the Public Works Director is authorized to sign them. City staff recommends the City Code be amended to create a simple permitting process for short term use of the right of way. The proposed ordinance allows the Public Works Director to issue a permit for use of the right of way for periods of 14 days or less. ri i '-I Prepared by:Susan Dulek, First Asst. City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030 Ordinance No. 24-4937 Ordinance amending Title 16, entitled "Public Works," Chapter 1 , entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," Section 7, entitled "Permission Required, Public Right of Way" to establish a permit for short term use of the right of way. Whereas, Section 16-1A-7 of the City Code allows the City to enter into agreements with property owners for the use of the public right of way, and by Council resolution the Public Works Director is authorized to sign them; and Whereas, City staff recommends the City Code be amended to create a simple permitting process that allows the Public Works Director to issue a permit for use of the right of way for periods of 14 or less to property owners, contractors, and other persons; and Whereas, it is in the City's interest to adopt the ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled Streets, Sidewalks and Public Right of Way Generally," Section 7, entitled "Permission Required, Public Right of Way," is amended by adding the underscore text as follows: No person shall construct or cause to be constructed any encroachment into or over the public right of way, except as specifically allowed by this code. For any such encroachment into or over the public right of way that is specifically allowed by this code that exceeds 14 days, including signs, buildings, and other structures, a use of public right of way agreement must be signed by the abutting property owner and approved by the city as a part of the approval process. If the duration of the encroachment is 14 or fewer days, the Director is authorized to issue a permit to the abutting property owner or other person applying to use the right of way. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of September , 2024. or Attest: 14 Q,� f) ji\k,r� l a c City'Clerk Approved by G City Attorney' ice (Sue Dulek-08/28/2024) Ordinance No. 24-4937 Page 2 Moved by Dunn , seconded by Bergus , that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter X Bergus X Dunn X Harmsen X Moe X Salih X Teague First Consideration: September 03. 2024 Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague NAYS: None ABSENT: None Second Consideration: Date Published: September 26, 2024 Moved by Dunn , seconded by Moe , that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended,the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague NAYS: None ABSENT: None Item Number: 10.c. CITY OF IOWA CITY COUNCIL ACTION REPORT September 17, 2024 Ordinance Amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 5, Entitled "Parking Meter Zones and Parking Lots," Section 4, Entitled "Use of Parking Lots" to allow for the establishment of administrative rules for parking permits to be enforced by a parking permit violation citation. (Second Consideration) Prepared By: Darian Nagle-Gamm; Director of Transportation Services Reviewed By: Jennifer Schwickerath, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: N/A Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Parking Permit Administrative Rules Ordinance Executive Summary: This proposal would allow the Transportation Services Director to establish administrative rules for parking permits. This proposal would also establish an enforcement mechanism for parking permit violations, which would be a citation for violating the administrative rules. Background /Analysis: Transportation Services manages permit parking in City owned ramps and surface lots. A subsequent agenda item will consider the fee for a new evening and weekend parking permit for City ramps and the amount of the fine for the proposed citation for parking permit violations. The proposed changes to this ordinance would allow for the establishment of administrative rules, which if violated, provide the authority to assess a citation for parking permit violations. The proposal is to allow the Transportation Services Director to establish administrative rules for parking permits. The proposed administrative rules would allow for efficient, orderly, and safe parking. This authority would also allow the Transportation Services Director to make changes to the rules in response to capacity or other considerations. The new evening and weekend ramp permit would allow parking in the ramps from 4:00 p.m. to 9:00 a.m. on weekdays and all day on Saturday and Sunday. The citation established by changes to this ordinance would allow Transportation Services to issue a "Parking Permit Violation" citation to vehicles remining in the ramp after 9:00 a.m. on weekdays. (The proposed amount of the fine is $30 and the fine amount will be considered by Council in a subsequent agenda item.) r ® , CITY OF IOWA CITY MEMORANDUM Date: August 281", 2024 To: City Council From: Darian Nagle-Lamm; Director of Transportation Re: Draft Administrative Rules— Parking Permits This memo documents the draft administrative rules update in response to the establishment of monthly evening/weekend parking ramp permits, and an update of the terms of the monthly evening/weekend parking lot permits. These administrative rules will be provided to all new permit holders. Capitol, Dubuque, Court& Tower Place Ramps Permit Cards • All entrances and exits must be made through the card reader system. Entrances and exits must be made in sequence. • Permit holders may only park one vehicle at a time per permit. • Evening/Weekend Permits only: Parking permitted from 4:00 pm to 9:00 am on weekdays and all-day Saturday and Sunday. Drivers must pay hourly parking fees to use ramps from 9:00 am —4:00 pm. Vehicles must leave ramp by 9:00 am daily or may be assessed a $30 citation for violating parking permit rules. • Lost permit will result in a replacement fee of$25.00. Chauncy Swan & Harrison St. Ramps - Hang Tag • Permits must be displayed at all times when using the facility. Failure to display the permit will result in expired meter ticket. Permits should be hung from the rear- view mirror. • All permit holders must park where designated. • Hangtags with expired stickers will result in expired meter tickets. • Permit holders may only park one vehicle at a time on their permit. • Evening/Weekend Permits only: Parking permitted from 4:00 pm to 9:00 am on weekdays and all-day Saturday and Sunday. Drivers must pay hourly parking fees to use the ramp from 9:00 am —4:00 pm, else an expired meter ticket may be issued. • Lost permits will result in a $25 replacement fee. Metered Parking Lots - Hang Tag • Permits are only valid in designated lot. • Permits must be displayed at all times when using the facility. Failure to display the permit will result in expired meter ticket. Permits should be hung from the rear- view mirror. • Expired permits will result in expired meter tickets • Permit holders may only park one vehicle at a time on their permit. • Evening/Weekend Permits only: Parking permitted from 4:00 pm to 9:00 am on weekdays and all-day Saturday and Sunday. Drivers must pay hourly parking fees to use the parking lot from 9:00 am —4:00 pm. • Lost permits will result in a $25 replacement fee. September 4, 2024 Page 2 Moped/Motorcycle/Scooter Sticker Permit • Permit holders may park in designated permit parking areas (See Map for areas). • Permit holders may only park one vehicle at a time per permit. • Permit holders may not park in permit parking areas on the street between the hours of 2 AM-6 AM. • Permits must be visible at all times. Failure to display permit will result in a Prohibited Zone/Permit Only violation and associated fine. • Mopeds/Motorcycles/Scooters are not able to park in bicycle racks or on sidewalks except where designated by permit parking. • Mopeds/Motorcycles/Scooters are able to park and pay accordingly at a metered parking space on the street or in an Iowa City parking ramp. Payment is required. Permits are not valid at these locations unless specific signage is posted. • Lost permits will result in a $25.00 replacement fee. PERMIT HOLDERS ARE RESPONSIBLE FOR UPDATING PERMIT INFORMATION WITH THE TRANSPORTATION OFFICE. NO PERMIT SHALL BE RENEWED UNTIL ALL OUTSTANDING CITATIONS ARE PAID, EXCLUDING CITATIONS ON APPEAL. WE RESERVE THE RIGHT TO REVOKE PERMIT WITH 30 DAYS NOTICE Printed Name Signature Date / f - Prepared by: J. Schwickerath,Asst.City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 Ordinance No. 24-4938 Ordinance Amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 5, Entitled "Parking Meter Zones and Parking Lots," Section 4, Entitled "Use of Parking Lots" to allow for the establishment of administrative rules for parking permits to be enforced by a parking permit violation citation. Whereas, there are city lots and parking spaces designated for permit parking managed by Transportation Services; and Whereas, to effectively manage permit parking, including the ability to set the terms for the permits and to make changes based on usage, the Transportation Services Director should have the authority to establish administrative rules for parking permits, including the duration for permits and other terms that allow for efficient, orderly, and safe parking; and Whereas, the administrative rules should have an enforcement mechanism if the rules are violated; and Whereas, it is in the best interest of the City to adopt this ordinance. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Section I. Amendment. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 5, entitled "Parking Meter Zones and Parking Lots," Section 4, entitled "Use of Parking Lots," Subsection F of the Iowa City Code is hereby amended by deleting the strike-through text and adding the underlined text as follows: Permit Lots And Spaces: A parking permit system for city lots, city ramps, and parking spaces designated for permit parking is hereby established for designation by the city manager or designee. The dtien-and fee for permits shall be as provided in the schedule of fees, title 3, chapter 4 of this code. The permit holder is entitled to park in the city parking lot or parking space designated for such purpose, and the permit shall be issued by the city manager or designee. No driver or owner other than a permit holder shall stop, stand or park any motor vehicle in any area in the city owned lot or parking spaces designated by such signs or other markers for the exclusive use of permit holders. The transportation director is authorized to establish administrative rules for parking permits not inconsistent with any ordinance or policy adopted by the city council. A copy of the rules shall be on file with the city clerk and available on the city website. Permit holders must comply with the administrative rules. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 24-4938 Page 2 Passed and approved this 17th day of September , 2024 . M or Attest: \`''`�Q�;1._1() City Clerk Approved by /,fr14- City Attor ey's Office (Jennifer Schwickerath-08/29/2024) It was moved by Dunn and seconded by Bergus That the Ordinance as read be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen x Moe x Salih x Teague First Consideration September 03, 2024 Vote forpassage:AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague NAYS: None ABSENT: None Second Consideration Vote for passage: Date published September 26, 2024 Moved by Dunn , seconded by Moe , that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague NAYS: None ABSENT: None Item Number: 10.d. CITY OF IOWA CITY COUNCIL ACTION REPORT September 17, 2024 Ordinance Amending Title 3, Entitled "Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties," Section 8 Entitled "Parking" to establish the rate for evening and weekend parking permits, to decrease meter rates, and establish a fine for parking permit violations. (Second Consideration) Prepared By: Darian Nagle-Gamm; Director of Transportation Services Reviewed By: Jennifer Schwickerath, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: The meter rate reduction will result in the loss of approximately $300,000 in revenue to the Parking Fund. The establishment of an evening/weekend parking ramp permit is estimated to generate up to $15,750 in annual revenue to the Parking Fund. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Ordinance Executive Summary: In response to public comment, the proposal is to reduce parking meter rates in the core of Downtown Iowa City from $3.00 per hour to $2.25 per hour. Additionally, this proposal establishes the rate for an evening and weekend parking permit for parking ramps, and updates the rate for evening and weekend parking permits for parking lots. This action also establishes a $30 fine for parking permit violations. Background /Analysis: In response to public comment, this action reduces the hourly metered parking rate from $3.00 to $2.25 per hour in the core of Downtown Iowa City in the area bounded by South Clinton Street and South Capitol Street to the west, Burlington Street to the south, North Gilbert Street to the east, and East Jefferson Street to the north. Additionally, the Iowa City Downtown District has requested the establishment of a part-time evening/weekend parking permit for evening and weekend employees in the Downtown. Currently, the City of Iowa City offers parking permits in ramps for $90 per month and parking lots for $70 per month. This action will establish a part-time evening/weekend parking ramp permit at 75% of the cost of a full-time ramp parking permit, or $67.50 a month. Evening/weekend parking permit holders will be authorized to park in a designated ramp from 4:00 pm until 9:00 am weekdays, and all day Saturday and Sunday. This proposal also updates the rate for evening/weekend parking lot permits, setting the rate at 75% of the cost of a full-time parking lot permit, or $52.50 per month. Those holding evening/weekend parking lot permits will be authorized to park in designated City-owned parking lots from 4:00 pm to 9:00 am weekdays, and all day Saturday and Sunday. Evening/weekend permit holders who park in ramps during the day (9:00 am to 4:00 pm) must pay hourly rates by pulling a ticket and paying hourly fees upon exit. Vehicles remaining in a ramp after 9:00 am will be issued a $30 "Parking Permit Violation" citation, which is to be established by this ordinance. The establishment of evening/weekend parking permits is expected to generate up to $15,750 in annual parking fund revenue. Parking permits are sold based on the operational capacity of parking facilities, which is subject to change throughout the year. Members of the public can contact the Parking Office at 319-356-5151 for current parking permit availability. This fall, Transportation Services staff will develop a Downtown parking operations report for the Iowa City Downtown District. The report will provide updated information on Downtown parking utilization, occupancy, permit availability, parking enforcement, and other key performance indicators. 10, 6, Prepared by: J.Schwickerath,Asst.City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 Ordinance No. 24-4939 Ordinance Amending Title 3, Entitled "Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties," Section 8 Entitled "Parking" to establish the rate for evening and weekend parking permits, to decrease meter rates, and establish a fine for parking permit violations. Whereas, the Iowa City City Council received public comment regarding recent increases in parking fees and now finds it appropriate to establish the rate for evening and weekend parking permits, decrease meter rates, and establish a fine for parking permit violations; and Whereas, the Iowa City City Council proposes to add a monthly and evening weekend permit to allow permit parking in designated ramps and to set the fee at 75% of the monthly all day ramp permit fee; and Whereas, the Iowa City City Council proposes to change the name of the existing monthly off hours permit for surface lots to monthly evening and weekend permit to allow permit parking in designated surface lots and to set the fee at 75% of the monthly all day surface lot permit fee; and Whereas, the Iowa City City Council proposes to decrease the hourly meter fee from $3.00 per hour to $2.25 per hour in the core of Downtown Iowa City; and Whereas, the Iowa City City Council proposes setting the fine for parking permit violations at $30.00 per violation; and Whereas, it is in the best interest of the City to adopt this ordinance. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Section I. Amendment. 1. Title 3, entitled "Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 8, entitled "Parking," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-8: Parking: Description Of Fee, Charge, Fine Or Penalty Amount Of Fee, Charge, Fine Or Penalty Parking ramp fees: Hourly parker(Court Street Transportation Center, Tower Place, First hour= Free Capital Street, Chauncey Swan, Harrison Street and Dubuque Hours 2+ = $2.00 per hour Street parking ramps), per hour Monthly all day permits with advance payment(Court Street 90.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Place, Capital Street, and Dubuque Street parking ramps), per month Annual all day permits with advance payment(Court Street 1,026.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Ordinance No._ 24-4939 Page 2 Place, Capital Street, and Dubuque Street parking ramps), per year Reissue of monthly, quarterly or annual permit, each reissue 25.00 City employee monthly all day permits, per month Half price City council monthly all day permits, per month No charge Monthly evening and weekend permits, per month; designated 75%of Monthly all day ramp permit ramps Lost ticket fee $ 30.00 Surface lot fees: Monthly all day permits, per month 70.00 Monthly all day permits (annual advance payment), per year 798.00 Monthly evening and weekend permits, per month; designated 75% of Monthly all day surface lot surface lots permit Parking meter fees (except as otherwise marked): Central business district on street meter, per hour 2.25 Central business district lot meter, per hour 2.25 100 - 300 blocks of East Jefferson Street, per hour 2.25 100 -200 block of North Clinton Street, per hour 1.50 10 block of West Court Street, per hour 1.50 10 -300 block of East Court Street, per hour 1.50 300 block of South Linn Street, per hour 1.50 300 block of South Dubuque Street, per hour 1.50 300 block of South Clinton Street, per hour 1.50 100 - 300 blocks of East Market Street, per hour 1.50 100 -200 block of North Linn Street, per hour 1.50 400 block of Iowa Avenue, per hour 1.50 Market Street and Schuman parking lots, per hour 1.50 Peripheral lot meter(outside central business district), per hour 1.50 Peripheral on street meter(outside central business district), per 1.50 hour Fee for contractor reservation of space, per day 25.00 Moped/scooter/motorcycle permit(annual permit): January 1, 2015-December 31, 2023 90.00 January 1, 2024- 95.00 Fines for parking violations: Overtime parking 15.00 Commercial loading zone; each period runs from July 1 until June 30 of subsequent year: First citation each period 25.00 Second+ citation each period 40.00 Expired meter; each period runs from July 1 until June 30 of the subsequent year: First citation each period Warning Ordinance No. 24-4939 Page 3 Second citation each period $ 10.00 Third citation each period 15.00 Fourth citation each period 20.00 Fifth citation each period 30.00 Sixth+ citation each period 40.00 Prohibited zone 25.00 Illegal parking; handicapped parking space $200.00, or as specified in Iowa Code section 321.236(1)(b), as amended, for violations of Iowa Code section 321 L.4(2) Library patron only parking $20.00 Library outside book drop off only 20.00 Parking in passenger loading zone 25.00 Parking where prohibited or restricted during a snow emergency 50.00 Parking in front of fire hydrant 50.00 Parking in fire lane 40.00 Parking permit violations 30.00 All other illegal parking violations 25.00 Increases: 30 days after issue, all parking violations, if not already paid Original ticket amount plus $10.00 or appealed, shall increase in amount by $10.00, or as allowed by Iowa Code section 321.236(1)(b), as amended Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of September , 2024 Attest: I� J City Clerk Approved by City Attor y's Office (Jennifer Schwickerath —08/29/2024) Ordinance No. 24-4939 Page 4 It was moved by Salih and seconded by Alter That the Ordinance as read be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter x Bergus x Dunn x Harmsen x Moe X Salih X Teague First Consideration September 03, 2024 Vote for passage: AYES: Alter, Bergus, Harmsen, Moe, Salih, Teague NAYS: Dunn ABSENT: None Second Consideration Vote for passage: Date published September 26, 2024 Moved by Dunn , seconded by Moe , that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus, Harmsen, Moe, Salih, Teague NAYS: Dunn ABSENT: